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Difference Between Demurrer & Motion to Dismiss

Difference Between Demurrer & Motion to Dismiss

After a plaintiff files a complaint, a defendant can include in the response a demurrer or a motion to dismiss. While a demurrer or a motion to dismiss is typically used early in a lawsuit, the use will vary based on the court system, the jurisdiction and the purpose.......[Read More]
What Happens at a Civil Court Hearing?

What Happens at a Civil Court Hearing?

A judge in a civil court hearing decides several kinds of legal issues. Formal civil court hearings look like a trial, just without a jury. The parties to the lawsuit may testify and present witnesses. In an informal civil court hearing, the attorneys meet with the judge prior to an upcoming trial......[Read More]
How to Subpoena for a Document

How to Subpoena for a Document

A subpoena for written records is called a subpoena duces tecum. Subpoena duces tecum can be issued by an attorney directly, or by the judge through the clerk's office. A subpoena orders the person (called an affiant) to appear, while the subpoena duces tecum requests documents for review. Note that......[Read More]
Difference Between Civil & Criminal Charges

Difference Between Civil & Criminal Charges

While both civil and criminal charges may result in a trial, there are several significant differences between the two. Civil charges are the result of a dispute between individuals or institutions. Criminal charges are the result of laws being broken. There are connections between the two, as a def......[Read More]
How to Know If a Notice Is a Summons or a Subpoena?

How to Know If a Notice Is a Summons or a Subpoena?

If you receive a notice from the court, it's important to know if it is a summons or a subpoena. A summons is an official notice that you are being sued, and you'll need to prepare your case to ensure a successful defense. If you fail to appear in court and the plaintiff proves his case, you lose th......[Read More]
How to Put Off a Court Date

How to Put Off a Court Date

If you've committed an illegal act, you will likely have to appear in court. The date that you have to appear in court will be decided by the county in which you committed the infraction. If, however, you're unable to appear in court on the date that has been assigned to you, you must submit an appl......[Read More]
Forms for Legal Motions to Be Filed

Forms for Legal Motions to Be Filed

Legal motions are formal pleadings filed by a party moving the court. Motions are regulated by the local rules of the court. Some courts provide standard forms or templates for routine motions, such as a motions to dismiss a complaint, quash a subpoena or reconsider a case. Forms for motions vary by......[Read More]
How to Petition Courts to Reduce Restitution

How to Petition Courts to Reduce Restitution

One of the most challenging procedures in criminal court is that of attempting to reduce restitution. Courts across the United States on all levels---city, county, state and federal---are extremely reluctant to reduce restitution owed in a particular case. In limited situations a criminal offender c......[Read More]
What Is the History of the Derolph Decision?

What Is the History of the Derolph Decision?

The Derolph Decision, a 1997 Ohio Supreme Court decision, held that Ohio's system of funding primary and secondary schools was unconstitutional. At issue was the imbalance in funding between schools in affluent and less affluent areas.......[Read More]
How Do I Get My Jury Duty Federal Court Summons Number?

How Do I Get My Jury Duty Federal Court Summons Number?

Your federal jury duty summons contains all the information you need, including your summons number, which appears just above your name and address. The number is used internally by the court to identify your jury service assignments and can be used to check your status as a juror after returning y......[Read More]
How Long Do I Have to Appeal a Divorce Judgment in San Francisco?

How Long Do I Have to Appeal a Divorce Judgment in San Francisco?

If a party is not satisfied with the judgment handed down by a San Fransisco, California trial judge in a divorce proceeding, she may appeal the decision to a higher court for review.......[Read More]
How to Lose a Summary Motion

How to Lose a Summary Motion

A motion for summary judgment is a request that the court rule in the moving party's favor, thereby obviating the need for trial. When a motion for summary judgment is filed, the court weighs recorded testimony, affidavits, depositions, admissions of fact and discovery responses to decide if the fac......[Read More]
How to Petition the Courts for a Mental Evaluation in Kentucky

How to Petition the Courts for a Mental Evaluation in Kentucky

A mental evaluation is useful in many types of proceedings from custody to a contested will. A petitioner can petition the Kentucky court for a mental evaluation by citing the various reasons why he would like an evaluation performed by a licensed professional. The petition should be filed in the co......[Read More]
How to Author a Felony Conviction Pardon

How to Author a Felony Conviction Pardon

U.S. federal conviction pardons are issued by the President. In states, pardons are issued by the governor. Writing a felony conviction pardon is a process that requires a lot of care and attention to detail, as well as some working knowledge of the laws and statutes that apply to you. A felony con......[Read More]
How to Approach the Grand Jury

How to Approach the Grand Jury

A grand jury is a group of peers whose sole purpose it is to hear hard facts and make decisions based on these facts. Grand juries are commonly used in trial cases of a criminal nature. Headed by a foreman, a grand jury consists of twelve individuals from all walks of life. When dealing with a court......[Read More]
What Type of Problems Does a Judge Have in the Juvenile Court Division?

What Type of Problems Does a Judge Have in the Juvenile Court Division?

The specific responsibilities of a juvenile court vary from state to state, but juvenile court divisions generally oversee delinquency and dependency cases involving minors, as well as other legal matters. Judges encounter a variety of problems in delinquency and dependency proceedings and must comp......[Read More]
Supreme Court Justice Retirement Benefits

Supreme Court Justice Retirement Benefits

Retired Supreme Court Justices enjoy the same benefits they held as full-time Justices.gavel image by Cora Reed from Fotolia.comSupreme Court Justices' retirement benefits are set by the Judiciary Act of 1869 and the federal government. The Act provides for the pension, while the health.........[Read More]
What Is the Purpose of a County Court?

What Is the Purpose of a County Court?

County courts--or higher-level courts--operate in a fairly standard state judicial structure. These courts function as a "middle ground" between minor and appellate courts, handling several case types in different states.......[Read More]
What Happens at a Federal Court Sentencing Hearing?

What Happens at a Federal Court Sentencing Hearing?

The sentencing hearing in a federal court case follows the procedure set forth in Rule 32 of the Federal Rules of Criminal Procedure (FRCP). Sentencing hearings can be highly emotional proceedings for the judge, attorneys and especially the defendant. An established methodology that the court follow......[Read More]
How to Answer a Civil Complaint in North Carolina

How to Answer a Civil Complaint in North Carolina

You do not need to hire a lawyer to file a civil complaint in North Carolina. Complaints can be filed in small claims, injunction or family court without representation. Likewise, you do not need a lawyer to defend you when you are the target of a civil complaint. A formal complaint must be served t......[Read More]